| 1 | The State Infrastructure Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to motor vehicles; providing a popular |
| 7 | name; creating the "Road Rage Reduction Act"; providing |
| 8 | legislative intent; amending s. 316.081, F.S.; requiring |
| 9 | operators of motor vehicles in the left-most lane to yield |
| 10 | the right-of-way to vehicles moving faster on certain |
| 11 | highways; requiring operators of motor vehicles to drive |
| 12 | in the right-hand lane on certain highways; providing |
| 13 | exceptions; providing penalties for violation; amending s. |
| 14 | 322.27, F.S.; providing for the assessment of points for |
| 15 | violating specified provisions that require operators of |
| 16 | motor vehicles to drive on the right side of the road; |
| 17 | requiring the Department of Highway Safety and Motor |
| 18 | Vehicles to provide an educational awareness campaign; |
| 19 | providing a grace period when warnings and educational |
| 20 | literature may be issued; providing effective dates. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. This act may be cited as the "Road Rage |
| 25 | Reduction Act." |
| 26 | Section 2. It is the intent of the Legislature to decrease |
| 27 | the incidence of drivers interfering with the movement of |
| 28 | traffic, to reduce road rage and aggressive driving, to minimize |
| 29 | crashes, and to promote the orderly, free flow of traffic on the |
| 30 | roads and highways of the state. |
| 31 | Section 3. Effective January 1, 2006, section 316.081, |
| 32 | Florida Statutes, is amended to read: |
| 33 | 316.081 Driving on right side of roadway; exceptions.-- |
| 34 | (1) Upon all roadways of sufficient width, a vehicle shall |
| 35 | be driven upon the right half of the roadway, except as follows: |
| 36 | (a) When overtaking and passing another vehicle proceeding |
| 37 | in the same direction under the rules governing such movement; |
| 38 | (b) When an obstruction exists making it necessary to |
| 39 | drive to the left of the center of the highway; provided any |
| 40 | person so doing shall yield the right-of-way to all vehicles |
| 41 | traveling in the proper direction upon the unobstructed portion |
| 42 | of the highway within such distance as to constitute an |
| 43 | immediate hazard; |
| 44 | (c) Upon a roadway divided into three marked lanes for |
| 45 | traffic under the rules applicable thereon; however, upon any |
| 46 | limited access roadway having two or more lanes for each |
| 47 | direction of travel, any vehicle driven in the left-most lane |
| 48 | shall yield the right-of-way to any vehicle traveling at a |
| 49 | higher speed by moving to the nearest lane to the right at the |
| 50 | first practicable and safe opportunity; or |
| 51 | (d) Upon a roadway designated and signposted for one-way |
| 52 | traffic. |
| 53 | (2) Upon a two-lane roadway providing for two-way movement |
| 54 | of traffic, a vehicle all roadways, any vehicle proceeding at |
| 55 | less than the normal speed of traffic at the time and place and |
| 56 | under the conditions then existing shall be driven in the right- |
| 57 | hand lane then available for traffic or as close as practicable |
| 58 | to the right-hand curb or edge of the roadway except when |
| 59 | overtaking and passing another vehicle proceeding in the same |
| 60 | direction or when preparing for a left turn at an intersection |
| 61 | or into a private road or driveway. |
| 62 | (3) Upon any roadway having four or more lanes for moving |
| 63 | traffic and providing for two-way movement of traffic, no |
| 64 | vehicle shall be driven to the left of the centerline of the |
| 65 | roadway, except when authorized by official traffic control |
| 66 | devices designating certain lanes to the left side of the center |
| 67 | of the roadway for use by traffic not otherwise permitted to use |
| 68 | such lanes, or except as permitted under paragraph (1)(b). |
| 69 | However, this subsection shall not be construed as prohibiting |
| 70 | the crossing of the centerline in making a left turn into or |
| 71 | from an alley, private road, or driveway. |
| 72 | (a) Upon a four-lane highway, an interstate highway, or a |
| 73 | highway with fully controlled access, or the Florida Intrastate |
| 74 | Highway System, a vehicle may not be driven in the left-hand |
| 75 | lane except when overtaking and passing another vehicle. |
| 76 | (b) Paragraph (a) shall not apply: |
| 77 | 1. When no other vehicle is directly behind the vehicle in |
| 78 | the left-hand lane; |
| 79 | 2. When traffic conditions and congestion make it |
| 80 | impractical to drive in the right-hand lane; |
| 81 | 3. When inclement weather conditions make it necessary to |
| 82 | drive in the left-hand lane; |
| 83 | 4. When obstructions or hazards exist in the right-hand |
| 84 | lane; |
| 85 | 5. When, because of highway design, a vehicle must be |
| 86 | driven in the left-hand lane when preparing to exit; |
| 87 | 6. On toll highways when necessary to use Sun-Pass and on |
| 88 | toll and other highways when driving in the left-hand lane is |
| 89 | required to comply with an official traffic control device; or |
| 90 | 7. To law enforcement vehicles, ambulances, and other |
| 91 | emergency vehicles engaged in official duties and vehicles |
| 92 | engaged in highway maintenance and construction operations. |
| 93 | (4) A violation of this section is a noncriminal traffic |
| 94 | infraction, punishable as a moving violation as provided in |
| 95 | chapter 318. |
| 96 | Section 4. Paragraph (d) of subsection (3) of section |
| 97 | 322.27, Florida Statutes, is amended to read: |
| 98 | 322.27 Authority of department to suspend or revoke |
| 99 | license.-- |
| 100 | (3) There is established a point system for evaluation of |
| 101 | convictions of violations of motor vehicle laws or ordinances, |
| 102 | and violations of applicable provisions of s. 403.413(6)(b) when |
| 103 | such violations involve the use of motor vehicles, for the |
| 104 | determination of the continuing qualification of any person to |
| 105 | operate a motor vehicle. The department is authorized to suspend |
| 106 | the license of any person upon showing of its records or other |
| 107 | good and sufficient evidence that the licensee has been |
| 108 | convicted of violation of motor vehicle laws or ordinances, or |
| 109 | applicable provisions of s. 403.413(6)(b), amounting to 12 or |
| 110 | more points as determined by the point system. The suspension |
| 111 | shall be for a period of not more than 1 year. |
| 112 | (d) The point system shall have as its basic element a |
| 113 | graduated scale of points assigning relative values to |
| 114 | convictions of the following violations: |
| 115 | 1. Reckless driving, willful and wanton--4 points. |
| 116 | 2. Leaving the scene of a crash resulting in property |
| 117 | damage of more than $50--6 points. |
| 118 | 3. Unlawful speed resulting in a crash--6 points. |
| 119 | 4. Passing a stopped school bus--4 points. |
| 120 | 5. Unlawful speed: |
| 121 | a. Not in excess of 15 miles per hour of lawful or posted |
| 122 | speed--3 points. |
| 123 | b. In excess of 15 miles per hour of lawful or posted |
| 124 | speed--4 points. |
| 125 | 6. All other moving violations (including parking on a |
| 126 | highway outside the limits of a municipality)--3 points. |
| 127 | However, no points shall be imposed for a violation of s. |
| 128 | 316.0741 or s. 316.2065(12). |
| 129 | 7. Any moving violation covered above, excluding unlawful |
| 130 | speed, resulting in a crash--4 points. |
| 131 | 8. Any conviction under s. 403.413(6)(5)(b)--3 points. |
| 132 | 9. Any conviction under s. 316.081--4 points. |
| 133 | Section 5. The Department of Highway Safety and Motor |
| 134 | Vehicles shall provide an educational awareness campaign |
| 135 | informing the motoring public about the Road Rage Reduction Act. |
| 136 | The department shall provide information about the Road Rage |
| 137 | Reduction Act in all newly printed driver license educational |
| 138 | materials after July 1, 2005, and in public service |
| 139 | announcements produced in cooperation with the Florida Highway |
| 140 | Patrol. |
| 141 | Section 6. Effective July 1, 2005, a driver of a motor |
| 142 | vehicle who does not violate the then-existing provisions of |
| 143 | section 316.081, Florida Statutes, but whose conduct would |
| 144 | violate those provisions as amended effective January 1, 2006, |
| 145 | may be issued a verbal warning and given educational literature |
| 146 | regarding the changes in this act by a law enforcement officer. |
| 147 | Section 7. Except as otherwise provided herein, this act |
| 148 | shall take effect July 1, 2005. |